Enslaved, Restrained, and Silenced: Child Labor in India by Nandini Srinivasan Singapore American School May 8th, 2010
Introduction: Over 17 million children under the age of 18 are working for a living in India, according to official estimates. [1] Why are there so many? Many of these children are from impoverished families and have no choice in this matter; in order to elevate their financial and social status, they must work. Also, child labor is cheap and easy to replace, thus making it attractive to employers. India, which has traditionally had an agrarian society, has seen child labor for countless centuries, particularly in non-industrial settings; over 85% of Indian child labor is in the agricultural sector.[2] Given the shocking prevalence of child labor and the stark contrasts between different attitudes on the issue, it is no surprise that the issue has had economic and cultural implications, and has also given rise to new legal policies. The larger output made possible by employing cheaply paid workers is beneficial to industries, which will contribute to India’s already mushrooming economy in the short run. India’s concept of filial piety adds another dimension to the prevalence of child labor, and whether it will continue to grow or not. Finally, over the last twenty years, the legal status of child labor in India has changed to a great extent which could affect its future occurrence. Child labor is a complex matter, as there are many different attitudes towards it; the changes in India’s policies, economy, and culture over the years due to this issue are central to finding a balance between the different points of view. Background:
The Indian Constitution states that “no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any hazardous employment.” [3] The International Labor Organization (ILO) was created under the League of Nations, the predecessor to the UN, in 1919.[4] However, it was not until 1985 that the issue of child labor attracted public attention and debate in India. This attention was caused by a non-governmental organization (NGO) based in Bangalore, which aimed to regulate child labor by passing a bill in Parliament. The Child Labor (Prohibition and Regulation) Act came into existence as a result in 1986. In short, it banned children from working in select industries, unless it was a government-run industry or if the child was working as part of family labor. [5] Subsequently, India endorsed the UN Convention of Rights of the Child in 1992, which outlines basic rights of children, including protection from exploitation.[6] Despite these measures, child labor is still prevalent in India. A 2008 estimate by the Indian government shows that as many as 12.6 million children under the age of 14 are working. [7] In addition to the agrarian and organized economies contributing significantly to child labor, the unorganized sector (trades and services, small-scale manufacturing, cottage industries, and so on) plays a very important role. Although the causes of child labor are varied, major factors include the rampant poverty and the low literacy rate. The high threshold of acceptance for child labor in society – due in part to its extensive occurrence – has also played a role in its continued existence. Describing the Issues: Who is a child? While the UN Convention on the Rights of a Child which states the minimum rights and entitlements of children classifies those under the age of 18 as children[8], a number of differing definitions are employed in the Indian context, ranging from 14 (Census of India) to 16 (age of sexual content according to the Indian Penal Code) to 18 for girls and 21 for boys (according to the Indian Majority Act)[9]. Though India ratified the Convention of the Rights of a Child in 1992, the country has the dubious distinction of possessing the largest number of working children in the world. About 52% of children of primary school-going age are out of school and are potentially child laborers[10]. Though statistical data estimate the number of children in the labor force, many of the surveys do not take into account the number of children – mostly girls – who do full-time housework in order to enable their parents to go to work. Apart from denial of opportunities and rights, many children at work face threats to health and safety. They are exposed to harsh climates, heavy loads, toxic chemicals and other hazards – mostly with little or no protection. Often, they are subjected to physical, mental and sexual abuse, especially if they work away from home. The state of Gujarat in India provides numerous examples of child labor in different contexts.[11] This state in Western India has seen tremendous industrial and urban growth since the 1990s. It is the diamond-cutting center of India; about 80% of the diamonds in the world are cut there. About 100,000 workers are engaged in diamond-cutting in and around the town of Surat. Of these, 15% are children. The children are employed to cut and shape diamonds of lower value – a task that does not require much skill or training. Adults, who earn more, do high-end diamond polishing and cutting. The work environment here is far from beneficial for children. They often suffer burns from sparks while cutting, polishing and shaping diamonds. The noise of the machines, the heat, crowded area and glaring lights do not provide a healthy work environment. Most of these children are quite stressed and earn less than a dollar a day. There is no protection for these children and their health and well-being are not issue to their employers. Another area that employs child labor is the ship-breaking industry which specializes in dismantling decommissioned ships to recover items of value such as iron, metal plates, machinery, and electrical wires. The children work as sorters of the metal scrap, cutters, and as removers of plastic casings. This work exposes them to hazardous fumes when the plastic is burnt. The ship yards are also noisy and no protection is provided for the ears. Scalding and other workplace accidents are quite common. More than 54% of the children here work for more than 8 hours a day and for many, the average is 12 to 18 hours a day. Other areas that employ children are spinning, soap-making, printing, recycling, printing press, oil-making, fertilizer production etc. which calls for few skills to carry out the work. None of these industries require years of training or special talent. Why do children work? The answer to this question brings out differing responses from different perspectives. The most common response from children in India was “at the suggestion of parents” [12] According to parents, economic necessity drives them to send their children to work – they may contribute up to 20% of the household income.12 A father justified his decision to send only one of his three children to school by explaining: “…one for wage work, one for domestic work and one for schooling, because I am unable to sustain life if all of my children attend school.” [13] Is poverty the sole cause of child labor? The economic strides that India has been making since the 1990s may lead to the impression that there is a corresponding decrease in the instance of child labor. However, studies have shown that contrary to expectations, economic “growth actually increases rather than decreases child labor.[14] Both the diamond-cutting and ship-dismantling industries in Gujarat are showing strong growth due to the low costs of production involved. Unfortunately, the deployment of child labor is a cause as well as a consequence of this growth. Culture and values have also influenced child labor in India. The structure of Indian society determines the role that each individual plays in the economic growth. While the rigid class and caste lines are somewhat blurred in the urban environment, they are well-defined in rural India. A recent report in a local magazine describes the people in the village of Venkalpatti in the state of Tamil Nadu.[15] The villagers practice their hereditary profession of fortune-telling and administering folklore remedies, which is similar to the Kokopelli among Native Americans in the southwestern United States. Not a single person in this community of about 100 families has attended school. Formal education is shunned because of the fear of loss of culture and identity. Children as young as 10 years start to practice their traditional profession. This is an example of self-imposed ‘exile’ from mainstream activities. From the employers’ perspective, child labor ensures smooth and uninterrupted operation of business at lower cost. Children do not have unions and do not stage boycotts. They are willing to do repetitive jobs and do not engage in go-slow tactics or absent themselves from work. Most of the employers are in small industries such as glass bangle making, mosaic chip and limestone quarrying, gemstone cutting, and carpet weaving. These industries require simple machinery and low capital, and face fierce competition as it is relatively easy to enter the market. Therefore, the bottom line for the employer is the profit even if it is marginal.[16] Analysis/Solutions: As shown earlier in the case of the diamond-cutting and ship-dismantling industries in Gujarat, when economic growth is accompanied by deregulation of the labor market , children are exploited and child labor actually increases. Economic growth increases child labor and only sustained growth can lead to changes in this situation. It is important to keep in mind that the law cannot rescue every child. If the government puts in place a stringent set of laws against child labor, it may actually worsen the already impoverished state of the families, if poverty was the main reason for sending children to work. The path to eradication of child labor is knowledge. It is important to make the rural population appreciate the value of education and the industries’ need for educated workers. The growth of technology-based industries throughout the country has highlighted the importance and of a skilled labor force. There is already evidence that people are taking note of this; 59% of boys and 49% of girls completed secondary school in 2005 as opposed to 55% of boys and 41% of girls in 2001.[17] Many non-governmental organizations adopt communities and work closely with them to remove the instances of child labor. Private groups conduct workshops in the rural areas to educate the population about the importance of education. An education advocacy group, Pratham, USA conducts town hall meetings explaining teaching and administrative methods and the value of the parents’ supervision in their children’s education. Social workers teach basic reading and math to the parents. One of the main areas to address in this issue is literacy among children. Many states in India have come up with various incentives with the aim of keeping children at school. The state of Tamil Nadu has achieved a degree of success with the implementation of ”Midday Meals,” a scheme where the government provides lunch for all children going to government or government-assisted schools in the state. This scheme was introduced in 1923 and implemented on a large scale in 1982 to include all government-run primary schools. More than 120 million children are covered under the Midday Meal Scheme, making it the largest school lunch program in the world. Many projects begin with the aim of educating girls as it is evident that there is a disparity between boys and girls in the area of literacy. It is imperative that the projects also focus on older girls who have never been to school due to their position in their family. These girls, when given the opportunity to empower themselves, will send their own children to school in future. In order to accommodate the older girls, private and governmental agencies can customize the curriculum for them, rather than asking a 12 or 13 year old girl to start school with her younger sibling who is just 6 years old. It is important that the older girls do not lose their self-respect and self-worth in our eagerness to educate them. On a similar note, it is important to educate farmers and other rural dwellers about the importance of formal education, even if their children will never work in an urban area. The last few years have seen the introduction of online trading for many agricultural products. In 2006, ITC Ltd., a food and tobacco company, built 6,500 crop depots with computer terminals where farmers can check the market price and trade their produce. In order to sell their agricultural produce, it is crucial that the farmers know how to utilize online trading. An educated farmer is able to predict the crop yield more accurately, plan for extreme climatic variance such as floods and drought, control pests, and use fertilizer in a responsible manner.[18] Though numerous legal and constitutional safeguards are in place to prevent the exploitation of children, the prevalence of child labor clearly shows the inadequacies in implementation and the lack of political willpower. As early as 1962, there was a recommendation that 6% of the gross national product be allocated to education; more than four decades later, the actual allocation is only 3.5%.[19] Though children are 42% of the national population, the recent budget allocated only about 4.6% for child-related items. Despite the fact the crimes against children are rising and one in 10 children is sexually exploited, the budget allocation for protection of children constitutes only 0.04%.[20] Since the children do not have voting power, their direct impact on the legislative and executive branches of the Indian government will be minimal. However, the most important voice should come from the parents on their children’s behalf when they realize the long-term value of education, as opposed to short-term benefits of child labor. They are the ones who can influence the government, and press for more allocations in the budget and implementations of child welfare schemes that are currently gathering dust. Even though government policies may seem like the only answers to eradicating this terrible situation, spreading awareness is equally important. Without any knowledge of what is going on, people who have the power and money to remedy this will not be able to do so. The incentives and programs mentioned above for education will only take place if others are able to see what a difference they will make by doing so. Therefore, the first step towards removing child labor is informing the public about its causes and effects through newspaper articles, infomercials, and other mass media that can relay the information to a large audience. Only then will people be able to see why outlawing child labor is necessary. Conclusion: The prevalence of child labor in India is well known and acknowledged as a fact. Though increasing family income through the employment of children can be somewhat countered by the midday meal schemes and increased awareness of the value of education, the social dimension to this issue is a complex one. The practice of hereditary trades which are further reinforced by caste and class lines ensures that children usually follow in the footsteps of the parents. Therefore, learning and practicing a trade is more important and more economically beneficial than getting an education at school. The role of the elder girl in a poor family is a critical one. In the absence of her parents who are at work, she is a full-time domestic helper in her own household. Reduction and final elimination of child labor will eventually require changes in economic, cultural, and social aspects of life in India. [1] "Children." Smile Foundation NGO India - Social Ventures for Poor Children. Web. 28 Mar. 2010. <http://smilefoundationindia.org/ourchildren.htm>. [2] Billawaria, Abhimanyu D.S. "Child Labour in India - Panorama - TakingITGlobal." TakingITGlobal - Inspire. Inform. Involve. Web. 28 Mar. 2010. [3] "National Legislation and Policies Against Child Labour in India." International Labour Organization - Home. Web. 28 Mar. 2010. <http://www.ilo.org/public/english/region/asro/newdelhi/ipec/responses/india/national.htm>. [4] Burra, Neera. Born to Work: Child Labour in India. 3rd ed. New Delhi: Oxford UP, 1995. Print. pg 3 [6] "UNICEF - Convention on the Rights of the Child - Rights under the Convention on the Rights of the Child." UNICEF - UNICEF Home. Web. 28 Mar. 2010. <http://www.unicef.org/crc/index_30177.html>. [7] "Child Labour in India." Citizen Journalism News Platform - MeriNews. Web. 28 Mar. 2010. <http://www.merinews.com/article/child-labour-in-india/135987.shtml>. [8] "UNICEF - Convention on the Rights of the Child -." UNICEF - UNICEF Home. Web. 29 Mar. 2010. <http://www.unicef.org/crc/>. [9] "InfoChange India News & Features Development News India - Children : Background & Perspective." InfoChange India News & Features Development News India - Home. Web. 29 Mar. 2010. <http://infochangeindia.org/200210045933/Children/Backgrounder/Children-Background-Perspective.html>. [10] "Union Budget Not Children Friendly?" Http://timesofindia.indiatimes.com/city/varanasi/Union-Budget-not-children-friendly/articleshow/5644404.cms. Web. [11] Swaminathan, Madhura. "Economic Growth and the Persistence of Child Labor: Evidence from an Indian City." World Development 26.8 (1998): 1513-528. Print. [12] "Child Labour Persists Around the World: More Than 13 Percent of Children 10-14 Are Employed [Press Releases]." International Labour Organization - Home. Web. 29 Mar. 2010. <http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_008058/index.htm>. [13] Ota, Masako, and Peter G. Moffatt. "The Within-household Schooling Decision: a Study of Children in Rural Andhra Pradesh." Journal of Population Economics 20 (2007): 223-39. Print. [14] Kambhapati, Uma S., and Raji Rajan. "Economic Growth: A Panacea for Child Labor?" World Development 34.3 (2006): 426-45. Print. [15] Kumudham, March 24 (2010): 38-40. [16] Anker, Richard, Sandhya Barge, S. Rajagopal, and M. P. Joseph, eds. Economics of Child Labour in Hazardous Industries in India. New Delhi: Hindustan Publishing Corporation, 1998. Print. [17] “India’s Progress in Reducing Child Labor” The Futurist, July-August (2008): 8-9. [18] “India’s Progress in Reducing Child Labor” The Futurist, July-August (2008): 8-9. [19] "InfoChange India News & Features Development News India - Children : Background & Perspective." InfoChange India News & Features Development News India - Home. Web. 29 Mar. 2010. <http://infochangeindia.org/200210045933/Children/Backgrounder/Children-Background-Perspective.html>. [20] "Union Budget Not Children Friendly?" Http://timesofindia.indiatimes.com/city/varanasi/Union-Budget-not-children-friendly/articleshow/5644404.cms. Web. |
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